The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019

• Citation: S.I. 2019/916
• Sections: 62

Section 1 Citation and commencement

These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 and come into force on the later of exit day or the 21st day after the day on which these Regulations are laid before Parliament.

Section 2 Amendment of the Greenhouse Gas Emissions Trading Scheme Regulations 2012

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Section 3 Amendment of the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019

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Section 4 Amendment of Commission Regulation (EU) No 601/2012

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Section 5 Amendment of Article 15

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Section 6 Amendment of Article 49

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Section 7 Amendment of Commission Implementing Regulation (EU) 2018/2067

Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council is amended in accordance with regulations 8 to 61.

Section 8 Amendment of Article 1

In Article 1—

(a) in the first paragraph, for “Directive 2003/87/EC ” substitute “ the 2012 Regulations ” ;

(b) omit the second paragraph.

Section 9 Amendment of Article 2

In Article 2 for the words from “Article 14” to the end, substitute “ regulation 35(4) and paragraph 2(1)(e)(ii) of Schedule 4 to the 2012 Regulations ” .

Section 10 Amendment of Article 3

In Article 3—

(a) in the first sentence omit “Article 3 of Directive 2003/87/EC and”;

(b) before paragraph (1), insert—

(A1) ‘the 2012 Regulations’ means the Greenhouse Gas Emissions Trading Scheme Regulations 2012;

(c) in paragraph (2), for “harmonised standards, within the meaning of point 9 of Article 2 of Regulation (EC) No 765/2008 ” substitute “ EN ISO 14065:2013 ” ;

(d) in paragraph (3), omit the words “or a natural person otherwise authorised, without prejudice to Article 5(2) of that Regulation,”;

(e) after paragraph (4), insert—

(4a) ‘aircraft operator’ means the person who operates an aircraft at the time it performs an aviation activity or, where that person is not known or is not identified by the owner of the aircraft, the owner of the aircraft;

(4b) ‘emissions’ has the meaning given in Article 3(b) of Directive 2003/87/EC ;

(f) in paragraph (7), for the words from “Article 14(3)” to the end, substitute “ regulation 35(4) and paragraph 2(1)(e)(ii) of Schedule 4 to the 2012 Regulations; ” ;

(g) after paragraph (7), insert—

(7a) ‘greenhouse gas emissions permit’ has the same meaning as in the 2012 Regulations;

(7b) ‘aviation activity’ has the same meaning as in the 2012 Regulations;

(h) in paragraph (11), omit the words from “or pursuant to Article 11” to the end;

(i) after paragraph (12), insert—

(12a) ‘the CCS licensing regime’ means Chapter 3 of Part 1 of the Energy Act 2008 and other domestic legislation which immediately before exit day implemented Directive 2009/31/EC ;

(j) in paragraph (13), omit point (c);

(k) omit paragraphs (28) and (29).

Section 11 New Article 3a

After Article 3 insert—

Interpretation

In this Regulation:

(a) references to a national accreditation body are references to the national accreditation body of the United Kingdom appointed in accordance with Article 4(1) of Regulation (EC) No 765/2008 ;

(b) references to Implementing Regulation (EU) 2018/2066 are to be construed as references to Commission Regulation (EU) No 601/2012 and read in accordance with the following correlation table.

Correlation table

Section 12 Amendment of Article 4

In Article 4—

(a) for “the relevant harmonised standards as defined in point (9) of Article 2 of Regulation (EC) No 765/2008 , or parts thereof, the references of which have been published in the Official Journal of the European Union ” substitute “ EN ISO 14065:2013 ” ;

(b) for “the applicable harmonised standards” substitute “ those standards ” .

Section 13 Amendment of Article 6

In Article 6—

(a) in the first paragraph omit “, baseline data report or new entrant data report”;

(b) in the second paragraph omit “or data relevant for free allocation”.

Section 14 Amendment of Article 7

In Article 7—

(a) in paragraph 3, omit “responsible for Directive 2003/87/EC ”;

(b) in paragraph 4,

(i) in the first subparagraph—

(aa) in point (a) omit the words from “or in Annex IV” to the end;

(bb) omit point (c);

(ii) omit the second subparagraph;

(iii) for the third subparagraph, substitute—

For the purpose of point (d) of this paragraph, the verifier shall obtain clear and objective evidence from the operator or aircraft operator to support the reported aggregated emissions or tonne-kilometres taking into account all other information provided in the operator's or aircraft operator's report.

(c) for paragraph 5, substitute—

(5) If the verifier discovers that an operator or an aircraft operator is not complying with Implementing Regulation (EU) 2018/2066, that irregularity shall be included in the verification report even if the monitoring plan concerned has been approved by the competent authority.

(d) in paragraph 6, omit the second subparagraph.

Section 15 Amendment of Article 9

In Article 9(1)—

(a) in point (b) omit “or the monitoring methodology plan, as appropriate”;

(b) in point (e) for “greenhouse gas emissions, tonne-kilometre data or data relevant for free allocation” substitute “ greenhouse gas emissions or tonne-kilometre data ” .

Section 16 Amendment of Article 10

In Article 10(1)—

(a) omit point (c);

(b) in point (e), omit the words from “or Article 11(1)” to “as appropriate,”;

(c) omit point (f);

(d) in point (g), omit “or the monitoring methodology plan,”;

(e) for point (h), substitute—

(h) the operator's or aircraft operator's annual emission or tonne-kilometre report, as appropriate;

(f) omit point (i);

(g) for point (m), substitute—

(m) the verification report from the previous year, if the verifier did not carry out the verification for that particular operator or aircraft operator the previous year;

(h) in point (n), omit “or monitoring methodology plan, as appropriate”;

(i) in point (p)—

(i) for “Directive 2009/31/EC ” substitute “ the CCS licensing regime ” ;

(ii) for “required by that Directive and the reports required by Article 14 of that Directive” substitute “ and reports required by that regime ” .

Section 17 Amendment of Article 11

In Article 11—

(a) in paragraph 3—

(i) for point (c), substitute—

(c) the monitoring plan approved by the competent authority as well as the specifics of the monitoring methodology laid down in that monitoring plan;

(ii) for point (d), substitute—

(d) the nature, scale and complexity of emission sources and source streams as well as the equipment and processes that have resulted in emissions or tonne-kilometre data, including the measurement equipment described in the monitoring plan, the origin and application of calculation factors and other primary data sources;

(b) in paragraph 4—

(i) for point (a), substitute—

(a) whether the monitoring plan presented to it is the most recent version approved by the competent authority;

(ii) in point (b), omit “or of the monitoring methodology plan during the baseline period, as appropriate”;

(iii) in point (c), omit “where applicable,”;

(iv) omit point (d).

Section 18 Amendment of Article 13

In Article 13—

(a) in paragraph 1, for point (c) substitute—

(c) a data sampling plan setting out the scope and methods of data sampling related to data points underlying the aggregated emissions in the operator or aircraft operator's emission report or the aggregated tonne-kilometre data in the aircraft operator's tonne-kilometre report.

(b) in paragraph 2, for “Article 7(4)(b), (c), (d) or the second subparagraph of Article 7(4)” substitute “ Article 7(4)(b) or (d) ” .

Section 19 Amendment of Article 14

In Article 14—

(a) in the first paragraph, omit “or monitoring methodology plan, as appropriate”;

(b) in the second paragraph in point (c), omit “or monitoring methodology plan, as appropriate,”.

Section 20 Amendment of Article 16

In Article 16(2)—

(a) omit “or monitoring methodology plan, as appropriate”;

(b) omit point (b);

(c) for point (c), substitute—

(c) for the purposes of verifying an operator's emission report, the completeness of source streams and emission sources as described in the monitoring plan approved by the competent authority;

(d) in point (d) omit “listed in Annex I to Directive 2003/87/EC ”.

Section 21 Amendment of Article 17

In Article 17—

(a) omit paragraph 3;

(b) in paragraph 4, omit “or transferred N 2 O is not counted in accordance with Article 50 of that Regulation” and “or N 2 O transferred”;

(c) omit paragraph 5.

Section 22 Amendment of Article 18

In Article 18, omit paragraph 3.

Section 23 Amendment of Article 19

In Article 19, omit paragraph 3.

Section 24 Amendment of Article 21

In Article 21—

(a) omit paragraph 4;

(b) in paragraph 5, omit “baseline data report or new entrant data report,”.

Section 25 Amendment of Article 22

In Article 22—

(a) in paragraph 1—

(i) for the first subparagraph substitute—

If the verifier identifies misstatements, non-conformities or non-compliance with Implementing Regulation (EU) 2018/2066 during the verification, it shall inform the operator or aircraft operator thereof on a timely basis and request relevant corrections.

(ii) for the third subparagraph substitute—

Where a non-compliance with Implementing Regulation (EU) 2018/2066 has been identified, the operator or aircraft operator shall notify the competent authority and correct the non-compliance as appropriate without undue delay.

(b) for paragraph 2, substitute—

The verifier shall document and mark as resolved in the internal verification documentation all misstatements, non-conformities or non-compliance with Implementing Regulation (EU) 2018/2066 that have been corrected by the operator or aircraft operator during the verification.

(c) in paragraph 3—

(i) in the second subparagraph, for “, tonne-kilometre data or data relevant for free allocation” substitute “ or tonne-kilometre data ” ;

(ii) for the fourth subparagraph substitute—

If the operator or aircraft operator does not correct the non-compliance with Implementing Regulation (EU) 2018/2066 in accordance with paragraph 1 before the verifier issues the verification report, the verifier shall assess whether the uncorrected non-compliance has an impact on the reported data and whether this leads to material misstatement.

Section 26 Amendment of Article 23

In Article 23, omit paragraph 4.

Section 27 Amendment of Article 24

In Article 24 in point (c), omit “or monitoring methodology plan, as appropriate”.

Section 28 Amendment of Article 26

For Article 26(1)(c), substitute—

(c) sufficient information to support the verification opinion, including justifications for judgments made on whether or not the misstatements identified have material effect on the reported emissions or tonne-kilometre data.

Section 29 Amendment of Article 27

In Article 27—

(a) in paragraph 1—

(i) for “each emission report, tonne-kilometre report, baseline data report or new entrant data report” substitute “ each emission report or tonne-kilometre report ” ;

(ii) omit point (e);

(b) in paragraph 3—

(i) for point (e), substitute—

(e) the criteria used to verify the operator's or aircraft operator's report, including the permit, where applicable, and versions of the monitoring plan approved by the competent authority as well as the period of validity for each monitoring plan;

(ii) omit point (f);

(iii) in point (g) for “per activity referred to in Annex I to Directive 2003/87/EC and per installation or aircraft operator” substitute “ per aviation activity and per aircraft operator or per activity, other than aviation, listed in Annex 1 to Directive 2003/87/EC and per installation ” ;

(iv) omit point (h);

(v) in point (i), omit “or baseline period”;

(vi) for point (o), substitute—

(o) any issues of non-compliance with Implementing Regulation (EU) 2018/2066 which have become apparent during the verification;

(vii) omit points (q) and (r);

(c) in paragraph 4—

(i) for the first sub paragraph, substitute—

The verifier shall describe the misstatements, non-conformities and non-compliance with Implementing Regulation (EU) 2018/2066 in sufficient detail in the verification report to allow the operator or aircraft operator as well as the competent authority to understand the following:

(ii) for point (a), substitute—

(a) the size and nature of the misstatement, non-conformity or non-compliance with Implementing Regulation (EU) 2018/2066;

(iii) in point (c), omit “or the monitoring methodology plan”;

(iv) for point (d), substitute—

(d) to which Article in Implementing Regulation (EU) 2018/2066 the non-compliance relates.

(d) in paragraph 5, for “a Member State” substitute “ the competent authority ” .

Section 30 Amendment of Article 28

In Article 28—

(a) in point (c), omit “or monitoring methodology plan, as appropriate,”;

(b) omit point (e).

Section 31 Amendment of Article 30

In Article 30(1)—

(a) for “points (a) to (e)” substitute “ points (a) to (d) ” ;

(b) in point (c), omit the words from “or Article 11(2)” to the end;

(c) omit point (e).

Section 32 Amendment of Article 31

In Article 31(3), omit point (d).

Section 33 Amendment of Article 37

In Article 37(5), omit the second subparagraph.

Section 34 Amendment of Article 38

For Article 38(1)(a) substitute—

(a) knowledge of Directive 2003/87/EC , Implementing Regulation (EU) 2018/2066, this Regulation, relevant standards, and other relevant legislation, applicable guidelines, as well as relevant guidelines and legislation issued by the competent authority or Secretary of State;

Section 35 Amendment of Articles 41 and 42

In Articles 41 and 42, for “harmonised standard” in each place it occurs substitute “ standard ” .

Section 36 Amendment of Article 43

In Article 43—

(a) for “harmonised standard” in each place it occurs substitute “ standard ” ;

(b) in paragraph 3—

(i) in point (a), omit “or in the monitoring methodology plan, as applicable” and “or monitoring methodology plan”;

(ii) in point (b), for “emissions, tonne-kilometre data or data relevant for free allocation” substitute “ emissions or tonne-kilometre data. ” .

Section 37 Amendment of Article 44

In Article 44, omit the second paragraph.

Section 38 Amendment of Articles 46, 47, 48 and 49

In Articles 46, 47, 48, and 49, for “harmonised standard” in each place it occurs substitute “ standard ” .

Section 39 Amendment of Article 50

In Article 50—

(a) in paragraph 3, for “harmonised standard” substitute “ standard ” ;

(b) omit paragraph 5.

Section 40 Amendment of Articles 51 and 52

In Articles 51 and 52, for “harmonised standard” in each place it occurs substitute “ standard ” .

Section 41 Amendment of Article 54

In Article 54(4), in the second subparagraph for “Member States” substitute “ The national accreditation body ” .

Section 42 Amendment of Article 55

In Article 55—

(a) in paragraph 1, for “national accreditation bodies appointed pursuant to Article 4(1) of Regulation (EC) No 765/2008 ” substitute “ national accreditation body ” ;

(b) omit paragraphs 2 to 4;

(c) in paragraph 5, omit the words “and be granted formal recognition by the Member State,”;

(d) in paragraph 6, for “harmonised standard” substitute “ standard ” .

Section 43 Omission of Article 56

Omit Article 56.

Section 44 Amendment of Article 57

In Article 57(4), for “harmonised standard” substitute “ standard ” .

Section 45 Amendment of Article 58

In Article 58(2), omit the third subparagraph.

Section 46 Amendment of Article 59

In Article 59(1)—

(a) in point (a), for “harmonised standard pursuant to Regulation (EC) No 765/2008 ” substitute “ standard ” ;

(b) in point (b), omit the words from “Delegated Regulation” to “in Annex I of this Regulation,”.

Section 47 Amendment of Article 60

In Article 60(2)(a) omit the words from “Delegated Regulation” to “in Annex I of this Regulation,”.

Section 48 Amendment of Article 63

In Article 63(2), for “harmonised standard pursuant to Regulation (EC) No 765/2008 ” substitute “ standard ” .

Section 49 Omission of Articles 65 to 68

Omit Articles 65 to 68.

Section 50 Amendment of Article 69

In Article 69(1)—

(a) for “Member States” substitute “ The competent authority ” ;

(b) omit the words from “or in accordance with Article 13” to the end.